Avin a Larf

Terms of use

The Terms
1. This page (together with the Privacy Policy and the Acceptable Use Policy) tells you the terms of use (Terms of Use) on which you may make use of our website www.musicalcomedy.co.uk (Our Site).
2. These Terms of Use shall apply to all users of Our Site including those who may be a guest or a registered user (Users).
3. Please read these Terms of Use carefully before you start to use Our Site.
4. By using Our Site, you indicate that you accept these Terms of Use; you acknowledge that you are entering into a legally binding agreement with Us, and you undertake to abide by the Terms of Use at all times.
5. If you do not agree to these Terms of Use, please refrain from using Our Site.
Information about us
1. Our Site is a site operated by Avin A Larf Limited (We and Us). We are registered in England and Wales under company number 6569873 and have Our registered office at 1 Broomfield Road, Coventry, West Midlands, CV5 6JW.
2. We are a limited company.
The Musical Comedy Awards 2010
1. Any User who uploads a musical comedy video onto Our Site and submits it to the Awards section, in accordance with these Terms of Use, before midnight on 12^th December 2009, will be automatically entered into the running for the Musical Comedy Awards 2009 provided that the entry and entrant complies with the Competition Terms and Conditions.
Accessing Our Site
1. Access to Our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on Our Site without notice (see below). We will not be liable if for any reason Our Site is unavailable at any time or for any period.
2. From time to time, we may restrict access to some parts of Our Site, or the entirety of Our Site, to Users who have registered with us.
3. When using Our Site, you must:
  1. comply with the provisions of our Acceptable Use Policy
  2. be acting in your personal, non-commercial capacity; and
  3. not alter or modify all or any part of Our Site other than as may be reasonably necessary to use Our Site for its intended purpose.
4. You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these Terms of Use, and that they comply with them.
Accounts
1. In order to upload musical comedy videos, make comments, rate videos or leave messages (Material) onto Our Site you will have to create an account.
2. When creating your account you undertake to provide accurate and complete information.
3. If you choose, or you are provided with, a user identification name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification name or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
4. You must notify us immediately of any breach of security or any unauthorised use of your account that you become aware of.
Intellectual property rights
1. We are the owner or the licensee of all intellectual property rights in Our Site (see clause 7 below). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2. You may print off one copy, and may download extracts, of any page(s) from Our Site for your personal reference and you may draw the attention of others within your organisation to Material posted on Our Site.
3. You must not modify the paper or digital copies of any Material you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4. Our status as the online facilitator of Material on Our Site must always be acknowledged.
5. The status of any identified contributors as the author of any Material on Our Site must always be acknowledged.
6. You must not use any part of the Material on Our Site for commercial purposes without first obtaining a licence to do so from Us.
7. If you print off, copy or download any part of Our Site in breach of these Terms of Use, your right to use Our Site will cease immediately and you must, at our option, return or destroy any copies of the Material you have made.
User Generated Content
1. In respect of any Material uploaded by you onto Our Site, you will retain full ownership of same, but you are required to grant limited licence rights to Us and to other Users of Our Site on the terms as set out at clause 12.3.
2. You agree that you are solely responsible for your own Material and understand and agree to be liable for any consequences that result from uploading your Material. You further agree to fully indemnify Us in respect of any loss We may suffer as a result of you uploading your Material onto Our Site.
3. We do not endorse or approve any Material uploaded onto Our Site nor any opinion, recommendation, or advice contained therein. We expressly disclaim all liability in connection with all Material.
Reliance on information posted
1. Material posted on Our Site is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such Material by any User of Our Site, or by anyone who may be informed of any of its contents.
Our Site changes regularly
1. We aim to update Our Site regularly, and may change the content at any time. If the need arises, we may suspend access to Our Site, or close it indefinitely. Any of the Material on Our Site may be out of date at any given time, and we are under no obligation to update such Material.
Our liability
1. The Material displayed on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We hereby expressly exclude:
  1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  2. any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with Our Site or in connection with the use, inability to use, or results of the use of Our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    1. loss of income or revenue;
    2. loss of business;
    3. loss of profits or contracts;
    4. loss of anticipated savings;
    5. loss of data;
    6. loss of goodwill;
    7. wasted management or office time; and
    8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to Our Site
1. We process information about you in accordance with our Privacy Policy. By using Our Site, you consent to such processing and you warrant that all data provided by you is accurate.
Uploading Material to Our Site
1. Whenever you make use of a feature that allows you to upload Material to Our Site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such Material does comply with those standards, and you indemnify Us for any breach of that warranty.
2. You expressly acknowledge and agree that We have the right to display any words, graphics or logos over, under or in close proximity to your Material including but without limitation, 'www.musicalcomedy.co.uk' and 'Avin A Larf Limited'.
3. When you upload Material onto Our Site, you grant:
  1. to Us, a world-wide, non-exclusive, royalty free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Material in connection with Our business, including without limitation the display on Our Site, the display on other websites, live performances (that may be recorded), the manufacture, sale and supply of any reproduction of your Material including but without limitation, compact disks or digital versatile disks, promotion and redistribution of part or all of Our Site (and derivative works thereof) in any media formats and through any media channels; and
  2. to each and every User of the website, a world-wide, non-exclusive, royalty-free, licence to access your Material through Our Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such material to the extent permitted by the functionality of Our Site and under our Terms of Use.
4. The licences granted by you under clause 11.3 shall be terminated as follows:
  1. in respect of an uploaded video, the licences shall terminate when you remove or delete the video from Our Site; and
  2. in respect of any other Material not mentioned in clause 12.4.1, including but without limitation comments, messages and ratings, the licences you grant are perpetual and irrevocable, but are otherwise without prejudice to you ownership rights, which are retained by you under clause 7.1.
5. Any Material you upload to Our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such Material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any Material posted or uploaded by you to Our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
6. We will not be responsible, or liable to any third party, for the content or accuracy of any Material posted by you or any other User of Our Site.
Removal of Material
1. Once uploaded, your Material will automatically appear on Our Site, We will exert no editorial control, review or influence over the content of the Material. You expressly acknowledge this fact and undertake only to upload Material which complies with these Terms of Use.
2. We have the right (but are under no obligation) to remove without prior notice any Material if, in our opinion, such Material does not comply with the content standards set out in our Acceptable Use Policy.
Viruses, hacking and other offences
1. You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.
2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.
3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.
Linking to Our Site
1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
2. You must not establish a link from any website that is not owned by you.
3. Our Site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
4. We may provide an "Embeddable Player" (Player) which registered users may only incorporate into their personal, non-commercial websites for use in accessing the Material.
5. In the event that we do provide a Player you hereby agree and undertake that should you incorporate a Player in your website in accordance with clause 15.4, you will also include a prominent link, in or around the Player, back to Our Site.
6. If you wish to make any use of Material on Our Site other than that set out above, please address your request to info@musicalcomedy.co.uk.
Links from Our Site
1. Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or liability for any loss or damage that may arise from your use of them.
2. You may create a link on any message board or comment page contained on Our Site to a website owned or maintained by you provided that the content of the linked site complies in all respects with the content standards set out in our acceptable use policy. We disclaim all liability and responsibility for the content of any website that is linked to Our Site and we reserve the right to remove any link if we receive a complaint from any User.
3. When you leave Our Site via a link We advise you to read, and familiarise yourself with, the terms and conditions of use of each and every individual website.
Jurisdiction and applicable law
1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Site although We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms of Use are governed by English law.
Trade marks
1. The 'Avin A Larf' name and 'Avin A Larf' logo are UK registered trade marks of Avin A Larf Limited.
Variations
1. We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on Our Site.
Your concerns
1. If you have any concerns about material which appears on Our Site, please contact info@musicalcomedy.co.uk.

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The 2010 Musical Comedy Awards

Terms of use